MEDIATION (Co-Chair of the ADR Committee for the NCBA)
The Firm handles Surrogate's Court Proceedings, Elder Law, Family/Matrimonial, Commercial, Personal Injury, Medical Malpractice, Wrongful Death, and Foreclosure cases.
• Private Mediation - the Mediator is selected by the parties.
• Presumptive Mediation or Court ordered Mediation - the Mediator is selected by the Judge or the ADR (Alternative Dispute Coordinator) coordinator, who is an employee of the NY Court system.
• With either private or court ordered Mediation, the Mediator will facilitate the process.
• The Mediator is not a Judge or Arbitrator and is completely neutral. The Mediator supports the parties reach a negotiated settlement.
• The parties' attorneys' role is to support of their client and inform them about the law.
• Mediation enables parties to be the architects of their agreement and self-determine the outcome of their disputes.
• Private Mediation is Voluntary - the parties can terminated the mediation at any time or the process can be adjourned for another day.
• Court ordered mediation is usually for a 90 minute free period, after which the Mediator may charge an hourly rate. The parties can terminate the mediation after the 90 free minutes.
• Mediation is Confidential - All the information shared inside or outside, if agreed to by the parties, is confidential. The process works best when the parties participate fully and a there is a free exchange of information.
• Mediation is non-binding, unless the parties settle their dispute and enter into an Agreement, typically drafted by the attorneys representing the parties.
• Mediation allows the parties to move forwarded with their lives, saves significant legal fees and time, and can preserve and protect family and business relationships, that can endure in the future.